ML20217N737

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Informs Commission of Staff Intent to Publish,For Public Comment,Draft Policy Statement in Fr with Copies to DOE & All Relavant Parties
ML20217N737
Person / Time
Issue date: 09/22/1999
From: Travers W
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
SECY-99-232, SECY-99-232-01, SECY-99-232-R, NUDOCS 9910290118
Download: ML20217N737 (22)


Text

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RELEASED TO THE POR ymo uy {

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iniids k ,f see,se. e s.,aeesses.ses POLICY ISSUE Seotember 22.1999 (InfOrnIdtion) SECY-99-232 FOR: The Commissioners FROM: William D. Travers Executive Director for Operations

SUBJECT:

PUBLICATION, FOR PUBLIC COMMENT, OF A DRAFT POLICY STATEMENT ON DECOMMISSIONING CRITERIA FOR WEST VALLEY PURPOSE:

The purpose of this paper is to inform the Commission of the staff's intent to: 1) publish, for public comment, a draft policy statement in the Federal Reaister with copies to the U.S.

Department of Energy (DOE) and all relevant parties, on decommissiening criteria for the West Valley Dernonstration Project and West Valley site; 2) hold a public meeting to solicit public comment on the draft; and 3) finalize the policy statement for Commission consideration.

BACKGROUND:

By Staff Requirements Memorandum from the Secretary of the Commission to the staff, dated June 3,1999 (Attachment 1), the Commission approved applying the U.S. Nuclear Regulato'y Commission's (NRC) License Termination Rule (10 CFR Part 20, Subpart E) as the decommissioning criteria for the West Valley Demonstration Project and the West Valley site.

The Staff Requirements Memorandum directed the staff to issue a draft policy statement on the decommissioning criteria, for public comment, and to arrange a public meeting on the draft policy statement, to solicit public comment.

The Staff Requirements Memorandum was issued in responra to two Commission Papers--

SECY-98-251 and SECY-99-057. These two Commission Papers requested Commission approval of applying proposed decommissioning criteria to the West Valley Demonstration 1 Project and the West Valley site.

CONTACT: Jack Parrott, NMSS/DWM (301) 415-6700 /

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~ The Commissioners l DISCUSSION:

The draft Policy Statement,in F-ederal Reaister format, is attached (Attachment 2). The draft l Policy Statement addresses applying the License Termination Rule as the decommissioning l  : criteria for DOE's West Valley Demonstration Project. . It also addresses applying the License l Termination Rule to the West Valley site. The West Valley site, which includes the West Valley l

Demonstration Project'and other areas, is under an NRC license issued to the New York State

' Energy Research and Development Authority. The license is in abeyance until the completion l ' of the West Valley Demonstration Project. The Office of the General Counselis submitting a j separate memorandum to the Commission addressing the issue of the Commission's respon. Oties under the National Environmental Policy Act associated with applying the License termination Rule to the West Valley Demonstration Project. The enciosed draft policy Statement is consistent with the views in that memorandum.

Waste Disposal The West Valley Demonstration Project Act directs DOE to dispose of low-level radioactive waste and transuranic waste produced by the West Valley Demonstration Project, in

. accordance with unspecified " applicable licensing requirements." However, the Commission i was silent on this issue in the Staff Requirements Memorandum. Therefore, it is not addressed j l 'in the draft Policy Statement. If the preferred alternative in the Environmental Impact Statement ,

for closure of the West Valley Demonstration Project and/or the West Valley site includes waste '

disposal, the issue of applicable licensing requirements will be determined at that time. ]

Disposition of Residual High-Level Radioactive Waste After high-level radioactive _ waste (HLW) solidification operations cease at West Valley, residual l HLW will remain at the site (e.g., in HLW tanks).( DOE is required by the West Valley Demonstration Project Act to solidify and dispose of the HLW at West Valley and to decontaminate and decommission the tanks, facilities, material, and hardware used for the -

' storage or solidification of HLW. ' DOE will manage anything residually contaminated with HLW as either HLW or consult with NRC regarding classifying it as incidental waste. Westes

! classified as incidental are nct HLW, as HLW has historically been defined, and are not required to be managed as HLW (i.e., requiring permanent isolation).

The Staff Requirements Memorandum, and therefore the draft Policy Statement, do not address the issue of classifying residual HLW as incidental. Criteria do exist for classifying l waste as incidental. These criteria were developed as a guide to classifying, as incidental, certain wastes to be removed from HLW tanks at DOE's Hanford site and were approved by the

. Commission in a Staff Requirements Memorandum dated February 16,1993, in response to

- SF.CY-92-391, and described in a letter from R. E;ernero, NRC, to J. Lytle, DOE, dated March 2,1993. The Commission should be aware that the staff is reviewing DOE methodology for classifying as incidental the residual HLW left in tanks being closed at DOE's Savannah  !'

River site, as requested by letter from A. Watkins, DOE, to C. Paperiello, NRC, dated December 20,1996, and as described in a memorandum from the staff to the Commission ,

dated February 18,1997. Staff requested additionalinformation from DOE in a letter dated  !

. June 30,1998. DOE responded on September 30,1998. Staff is developing a response to the i DOE incidental waste classification methodology for Savannah River that will be submitted to i

. the Commission for approval. The staff also will provide to the Commission, for approval, any l i

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s The Commissioners - response to DOE regarding incidental waste classification methodology at West Valley.

Distribution of the Draft Policy Statement.

in addition to publication in the Federal Reaister the draft policy statement will be provided to all relevant parties. They are:

1. The Honorable Albert J. Gore, Jr., President of the United States Senate

. 2. The Honorable J. Dennis Hastert, Speaker of the United States House of Representatives

3. The Honorable James M. Inhofe, Chairman, Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety, Committee on Environment and Public Works, United States Senate
4. The Honorable Joe Barton, Chairman, Subcommittee on Energy and Power,

. Committee on Commerce, United States House of Representatives S. The Honorable Frank Murkowski, Chairman, Committee on Energy, United States Senate

6. The Honorable Pete V. Domenici, Chairman, Subcommittee on Energy and Water Development, Cornmittee on Appropriations, United States Senate
7. The Honorable Ron Packard, Chairman, Subcommittee on Energy and Water Development, Committee on Appropriations, United States House of Representatives

. 8. The Honorable Daniel Patrick Moynihan, United States Senate

9. The Honorable Charles E. Schumer, United States Senate
10. _The Honorable Amo Houghton, United States House of Representatives
11. DOE, West Valley Demonstration Project
12. New York State Energy Research and Development Authority, West Valley Site Management
13. New York State Department of Environmental Conservation, Bureau of Radiation &

Hazardous Site Management

- 14. U.S. Environmental Protection Agency, Region 2

15. New York State Attorrry General's Regional Office
16. The West Valley Citizen Task Force 17.' The Coalition on West Valley Nuclear Waste Draft Congressional letters are in Attachment 3.

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I I The Commissioners l l

l The staff intends to publish the draft policy statement in the Federal heaister in September l

1999, and to request written comments. The publication of the draft Policy Statement in the Federal Reaister will also carry a notice of a public meeting to solicit public comment on the

draft. Staff will address the public comments and produce a final policy statement for l Commission consideration.

COORDINATION: .

! The Office of the General Counsel has reviewed this Commission Paper for legal implications and has no legal objection.

l Willirm . Travers j Executive Director '

i for Operations 1

Attachments:

l 1. Staff Requirements Memorandum dtd. 6/3/99 4

2. Draft Poiicy Statement and Notice I of Public Meeting l 3. Draft Congressionalletters j DISTRIBUTION:

Commissioners OGC OCAA-'

OIG l OPA OCA ACNW I CIO 1 CFO- l EDO REGIONS

SECY I

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( UNITED STATES l 8 , NUCLEAR REGULATORY COMMISSION g WA SHINGTON, D.C. 20565-0001

.....,o June 3, 1999 SECMETARY MEMORANDUM TO: William D. Travers Executive Director for Operations

- Karen D. Cyr General Counsel FROM: Annette Vietti-Cook, Secretary gs

SUBJECT:

STAFF REQUIREMENTS - SECY-98-2 1 - DECOMMISSIONING

. CRITERIA FOR WEST VALLEY and SECY-99-057 - SUPPLEMENT TO SECY-98-251,

" DECOMMISSIONING CRITERIA FOR WEST VALLEY" The Commission has approved applying the License Termination Rule (LTR) now as the decommissioning criteria for the Department of Energy West Valley Demonstration Project (WVDP). Furthermore, the LTR eventually should also be applied to the New York State Energy Research and Development Authority (NYSERDA) site once the NYSERDA license is reactivated.

The staff should publish a draft policy statement on the Commission decision on the WVDP decommissioning criteria for a 60-day public comment period. To ensure that all interested parties are afforded an opportunity to express their views prior to finalizatiori, the staff should schedule a public meeting to solicit public comment on the draft. The staff should ensure that 4 both the draft and final policy statements are provided to the Derartment of Energy and all relevant parties, including appropriate State agencies, Congressional committees and interested Members and citizens' groups, (EDO) (SECY Suspense (draft policy statement): 9/3/99)

The staff should enter into an office-level cooperative agreement with the New York State Department of Environmental Conservation (NYSDEC) regarding the West Valley site. A copy of the cooperative agreement should be provided to DOE for information purposes. The staff should consider issuing the draft cooperative agreement for public comment before it is finalized.

(EDO) (SECY Suspense
6/2/2000) l l

' As follow up to recent Commission correspondence, the staff should inform the New York State Department of Environmental Conservation (NYSDEC), the New York State Energy Research and Development Authority (NYSERDA), and the Coalition on West Valley Nuclear Wastes of the Commission's decision in these matters.

Attachment 1 I

in SECY-99-057, the staff discusses the regulatory options for finalizing the crite-ia. From the discussion, it can be inferred that since existing criteria are being prescribed, no additional

. environmental analysis is necessary at this time. OGC should provide its legal analysis and )

conclusion that applying the LTR criteria to the WVDP will not require an environmental analysis in accordance with the National Environmental Policy Act. i

'(OGC) (SECY Suspense: 0/3/99)

The staff should notify DOE by letter of the Commission's decision conceming these two SECY papers and the public meetings. .

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cc: Chairman Jackson -

Commissioner Dicus Commissioner Diaz l Commissioner McGaffigan Commissioner Merrifield OGC. ,

CIO CFO-

'OCA OlG OPA-Office Directors, Regions, ACRS,'ACNW,~ASLBP (via E-Mail)

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. Decommissioning Criteria for the West Valley Demonstration Project and West Valley Site;

- Draft Policy Statement end Notice of Public Meeting AGENCY:l Nuclear Regulatory Commission. '

ACTION: Issuance of draft policy statement and notice of public meeting.

SUMMARY

. By memorandum from the Secretary of the Commissio to staff, dated June 3,1999, the Commission approved the application ofAU.S. uclear ' gulatory .  ;

Commission's (NRC's) License Termination Rule (LTR, )O .Part 0, Sub ) as the decommissioning criteria for the West Valley Demonst ti Proje the Wes Valley sit .

NRC is issuing this draft policy statement, on the deco issioni riahor pubhcNomrfi t.

It also .is issuing a notice of public meeting, to solicit p icg t on the d' ft.

- DATES:. Comments on this draft policy statement sfio be su rqitted by (insert date 60 days from the date of publication in the Federal Reoisterl, and I be cohsidered by NRC before the publication of the final policy statement.

ADDRESSES: Submit written comments to: Jack D3ott, Proj t Scientist, Office of Nuclear Material Safety and Safeguards, Mailstgp T-8F3t,NU. S. N Regulatory Commission, Washington, DC 20555. Hapd,d6iive) mmen 5 Rockville Pike, Rockville, Maryland, between 7:30 a.m.,a 4:15 . . Federal w days Copies of comments received may be examined at the NR blic D enthoom 120 L Street, NW (Lower Level), Washington, DC.

- FOR FURTHER INFORMATIO C. NTAC : Vack D rrott, Project Scientist, Office of .

Nuclear Mat rial Safety an 'Sa eguards, M, ail 9 top'r 8[, 37, U. S. Nuclear Re Commiss' ,_ eshingto , D. 20555-0001; telep ne 301-415-6700; e-mail: jdp1 @nrc. gov.

7 . \ D' SUPPLEMENTAR INFO ATIO .

Background

From 1 [972, der an omic Energy Commission (AEC) license, Nuclear Fuel Services.

.(NFS co rocessed ial spent fuel r64 metric cess to,ing plant in the U.S. The facility shut down, in 1972, m tions to increa eismic stability ano to expand capacity. In 1976, without r' ing the operati FS withdrew from the reprocessing business and returned control of lities to the si wner, the New York State Erargy Research and Developrnent Authority rocessing activities resulted in 2,000,000 liters (600,000 gallons) of liquid NYSEqDA).

igli-levetradioac Thj' e waste (HLW), stored below ground in MLW tanks, and other g and re ' ual radioactive contamination.

The West Valley site was licensed by AEC, and then NRC, until 1981, when the license was suspended to execute the 1980 West Valley Demonstration Project (WVDP) Act, PL 96-368.

The WVDP Act authorized the U. S. Department of Energy (DOE), in cooperation with l L NYSERDA, the owner of the site and the holder of the suspended NRC license, to: (1) carry out  !

a liquid-HLW management demonstration project; (2) solidify, transport, and dispose of the l HLW at the site; (3) dispose of low-level wasts (LLW) and transuranic waste produced by the Attachment 2 l

D. .

WVDP, in accordance with applicable licensing requirements; and (4) decontaminate and decommission facilities used for the WVDP, in accordance with requirements prescribed by NRC.' NYSERDA is responsible for all site facilities and areas outside the scope of the

~ WVDP Act. Although NRC suspended the license covedng the site until completion of the -

WVDP, NRC has certain responsibilities, under the WVDP Act, that include prescribing decontamination and decommissioning criteria.

LThe WVDP is currently removing liquid HLW from ur'darground HLW tanks at t hte, vitrifying it, and storing it onsite for eventual offsite disposal in the Fsderal repopitbry. vitrification operations are nearing completion.- In addition to the vitrified HLW, tpe W f operations have e ,' also produced large quantities of LLW and transuranic waste hich,Nnder theAct, must be disposed of in accordance with applicable licensing require _monts. Besides the htW at the sjte7 the historical spent fuel reprocessing and waste dispoefl pperatio julted in larkquar)tifies of a full range of buried radioactive wastes and structuralgnd e ;renmentahontaminationft the site.  %

in 1989, DOE and NYSERDA began to develop a joint IEnvironme al impact Statement (EIS) for project completion and site closure, and to evaluatgstq disposa(and decommissioning alternatives. Because the WVDP Act requires NRC tofrescrbe i decommissioning criteria for the project, NRC and DOE agreed on NRC's par with DOE and NYSERDA, to aid NRC ion in onits decis,ticipation d ommissi, as a chperatingSagen nin requirements. The draft EIS was published in 1996.

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After public review of the draft EIS, the DPc nedqheW lley. Citizen Task Force (CTF) in early 1997 to obtain stakeh,o inpu he EISp. TF recommendations for the preferred alternative in the EIS pie July 1 . The CTF generally does not believe the West Valley site is s for long erm i on of waste and, therefore, favors disposal of the waste offsite,at ijdble an sa facilities. In the latter half of 1997 (during thepa[iod that the CTFdw&s worki g on eir ' commendations), the NRC's LTR was published (62 3905 ,jJuly 21,1997).

(

Be,cause NGC is a rize to preser decommissioning criteria for the WVDP by the WVDP Act, the NRC staff proposed d mmiss sning criteria for West Valley to the Commission in a

- Commission FMer _entitl'ed,"Dec missioning Criteria for West Valley" dated October 30,1998 (SECY-9 Ahe Commis_sion uested a public meeting on SECY-98-251 to obtain input from int d parti' Base the results from this meeting, which was held January 12, 199 Commission sued aff Requirements Memorandum (SRM) on January 26,1999, req ng additionalin o ' n on the staff's proposed decommissior;ing criteria for West

'_V le , in response to nuary 26,1999, SRM the staff provided SECY-99-0_57, to the rpission,' entitled piement to SECY-98-251, ' Decommissioning Criteria for West alley '" Based on ntents of SECY-98-251, SECY-99-057, and written and oral

. ornmkfronljnt'e sted parties, the Commission issued an SRM on June 3,1999, detailing

_ gs decisions on th(decommissioning criteria fo.- West Valley. This draft policy statement is based on th4c(ntents of that SRM.'

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,4-Statement of Policy.

Decommissioning Criteria for the WVDP

~ Under the authority of the WVDP Act the Commission !s prescribing NRC's LTR as the

' decontamination and decommissioning criteria for the WVDP. These criteria shall apply to the decontamination and decommissioning of: (1) the HLW tanks and other facilities which HLW, s

solidified under the project, was' stored; (2) the facilities used in the soli ificatio s

the waste; and (3) any material and hardware used in connection with the WVDP oes not apply a singie public dose criterion. Rath"r it provides for a nge of riter m 25 mrem / year with ALARA considerations (10CFR 20.1402) .to as muel) s'

. mte(n/ year approval fro

, the Commission, (10 CFR 20.1404). The Commission's/p ication of LTR r to the WVDP is a two-step process: 1) the NRC is now requirjn the app ' tion f the ru and) following the completion of DOE /NYSERDA's Environrjne tal Impd Statemegtt (EIS) a'rfd submittal of its preferred alternative, the NRC will app ve L be applied to the WVDP.

cific criteria geZTR to

~ Decommissioning Criteria forLicense CSF-1 The criteria in the LTR will also apply to the termi fNYS DA's NRG license on the West Valley site once that license is reactivat .

Policyimplications The poli::y of applying NRC's existing to t ecom spioning of the WVDP and West Valley site is consistent with the d issi g requir ents for all NRC licensees.

Therefore, no policy implication ar oreseen ith the j decommissioning of the WV P a West (/all y site. ,a . lication of the LTR to the Environ n nalysis

-The envir mental tapact of plying e LTR to NRC licensees was evaluated in a Generic Environment impact Statem (GEIS, UREG-1496) that supports the LTR. When the particular criter' permitte by t 4TR e selectri N environmentalimpacts from the applicatiogtheciteria wil e considered.' The N% tatends to rely on the DOE /NYSERDA's

EIS for ispurpose.Mbe DOEtist considered for NEPA purposes as the lead federal agency.

DOE 'veloping a ddpommissioning plan and is responsible for its preparation and im entation. -The NR iew of its responsibilities under the WVDP Act, is considered a  ;

.c erating agency for IS and is participating in the development of the DOE /NYSERDA S. The NRC dois ) nticipate the need to prepare its own duplicative EIS ao the NRC can donsider the enviropfrjental impacts described in the DOE /NYSERDA EIS in approving the oarticula(decopr6issioning criteria for the WVDP under the LTR. Under this arrangement, the OE/NYSERDA (S will fulfil the NEPA responsibilities for the NRC.

LAvaI of Documents Copies of documents cited in this section are available for inspection and/or reproduction for a fee in the NRC Public Document Room,2120 L Street, NW (Lower Level), Washington, DC 20003. The NRC Public Document Room is open from 7:45 a.m. to 4:15 p.m., Monday through Friday, except on Federal holidays. Reference service and access to documents may

l also be requested by telephone (202-634-3273 or 800-397-4209), between 8:30 a.m. and 4:15 p.m.; or by e-mail (PDR@nrc. gov); fax (202-634-3343); or a letter (NRC Public Document Room, LL-6, Washington, DC 20555-0001). In addition, copies of: (1) SECY-98-251,

" Decommissioning Criteria for West Valley"; (2) the transcript of the public meeting held January 12,1999; (3) the Commission's SRM of January 26,1999, concerning the January 12, 1999, public meeting on SECY-98-251; (4) SECY-99-057, " Supplement to SECY-98-251,

' Decommissioning Criteria for West Valley'"; (5) the Commission's vote sheets or,, SECY-98-251 and SECY-99-057; and (6) the Commission's SRM of June 3,1999,'on ECY- 8-2$1 and SECY-99-057, can be obtained electronically on NRC's home page (h rc. gov).

Public Meeting NRC will conduct a public meeting at the Ashford Offic Complex, Route 219, Wesjt Valley, New York, conference room C1, on [ insert dat@ tkdiscu )he draft ' policy staternen for the decommissioning criteria for West Valley with intemsted bers of the pDblic. Tpe' meeting is scheduled for 7:00-9:30 p.m., and will be fakitated Francis X. Cam'eron, Special Counsel for Public Liaison, NRC. There will be an opportunity forhembers of the public to ask questions of NRC staff and make comments related toifxfWest Vailey decommissioning criteria. The meeting will be transcribed. For more irifofmatio' hons the Nublic meeting contact Jack D. Parrott, Project Scientist, Office of Nuclear-Mate (lal Safe'ty and Safeguards, Mail Stop T-8F37, U.S. Nuclear Regulatory CommissiorMMashington, DC 2d555- 01; 301-415-6700; e-mail: jdp1 @nrc. gov.

tpockville, Maryland, this [ insert day]

d y of [inse fnonth],1999.  ;

For the clear Regulatory Commission.

1 j b Annette Vietti-Cook, N Secretary of the Commission.

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Attachment 3 Draft Congressional Letters

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The Honorable Albert J. Gore, Jr. ,

1 President of the United States Senate  !

Washington, DC 20510 l

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Dear Mr. President:

I am forwarding to you, for your inforniation, the U.S. Nuclear Regulatory Commission's (NRC's) draft policy statement and notice of public meeting (enclosed, in Federal Recister format) conce.dng NRC's prescription of decommissioning criteria for the U.S. Department of

. Energy's (DOE) West Vallcy Demonstration Project (WVDP) and the West Valley site.

NRC's prescription of decommissioning criteria for the WVDP is authorized by the West Valley Demonstration Project Act (Public Law 96-368). The Act authorizes DOE to carry out a high-level liquid nuclear waste management demonstration project at the State of New York's 4 Western New York Service Center in West Valley, New York--the only commercial nuclear fuel ,

reprocessing facility ever licensed in this country.

NRhs license for the site is in abeyance fdr the duration of the project. However, one of the requirements of DOE, under the Act, is to decontaminate and decommission, in accordance with requirements prescribed by NRC, certain facilities, equipment, materials, and hardware  ;

used in connection with the project.

NRC's draft policy statemer t regarding these decontamination and decommissioning ,

requirements provides for applying NRC's License Termination Rule (10 CFR Part 20, Subpart E) as the decommissioning criteria for the WVDP and the West Valley site. Applying NRC's License Termination Rule to the decommissioning of the WVDP and West Valley site is consistent with the decommissioning requirements for all NRC licensees. The draft policy statement has been sent to the Federal Reaister for publication. NRC is requesting written public comment on the draft policy statement and has arranged for a public meeting to be held near the West Valley site to receive public comment.

Sincerely,'  !

l Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As stated - >

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The Honorable J. Dennis Hastert Speaker of the United States House of Representatives Washington, DC 20515

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Dear Mr. Speaker:

l i am forwarding to you, for your infom1atica, the U.S. Nuclear Regulatory Commission's (NRC's) draft policy statement and notice of public meeting (enclosed, in Federal Reaister format) concerning NRC's prescription of decommissioning criteria for the U.S. Department of Energy's (DOE) West Valley Demonstration Project (WVDP) and the West Valley site.

NRC's prescription of decommissioning criteria for the WVDP is authorized by the West Valley Demonstration Project Act (Public Law 96-368). The Act authorizes DOE to carry out a high-level liquid nuclear waste management demonstration project at the State of New York's Western New York Service Center in West Valley, New York--the only commercial nuclear fuel

< reprocessing facility ever licensed in this country.

NRC's license for the site'is in abeyance for the duration of the project. However, one of the requirements of DOE, under the Act, is to decontaminate and decommission, in accordance with requirements prescribed by NRC, certain facilities, equipment, materials, and hardware used in connection with the project.

NRC's draft policy statement regarding these decoi&=..ciation and decommissioning requirements provides for applying NRC's License Termination Rule (10 CFR Part 20, Subpart E) as the decommissioning criteria for the WVDP and the West Valley site. Applying NRC's License Termination Rule to the decommissioning of the WVDP and West Valley site is

- consistent with the decommissioning requirements for all NRC licensees. The draft policy statement has been sent to the Fede al Realster for puol: cation. NRC is requesting written public comment on the draft policy statement and has arranged for a public meeting to be held near the West Valley site to receive public comment.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As stated -

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x The Honorable' James M. Inhofe, Chairman

' Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety

. Committee on Environment and Public Works United States Senate Washir,gton, DC -20510

Dear Mr. Chairman:

I am forwarding to you, for your information, the b.S. Nuclear Regulatory Commission's (NRC's) draft policy statement and notice of public meeting (enclosed, in Federal Reaister .

format) concernin'g NRC's prescription of decommissioning criteria for the U.S. Department of Energy's (DOE) West Valley Demonstration Project (WVDP) and the West Valley site.

NRC's prescription of decommissioning criteria for the WVDP is authorized by the West Valley Demonstration Project Act (Public Law 96-368). The Act authorizes DOE to carry out a high-levelliquid nuclear waste management demonstration project at the State of New York'r

- Westem New York Service Center in West Valley, New York--the only commercial nuclear fuel

..repr7:sssing facility ever licensed in this country.

NRC's license for the site is in abeyance for the duration of the project. However, one of the requirements of DOE, under the Act, is to decontaminate and decommission, in accordance w

, ith requirements prescribed by NRC, certain facilities, equipment, materials, and hardware used in connection with the pmject.

NRC's draft policy statement regarding these decontamination and decommissioning .

requirements provides for applying NRC's License Termination Rule (10 CFR Part 20, Subpart E) as the decommissioning criteria for the WVDP and the West Valley site. Applying NRC's '

License Ternination Rule to the decommissioning of the WVDP and West Valley site is coroistent with the decommissioning requirements for all NRC licensees. The draft policy  ;

statem'. int has been sent to the Federal Roaister for publication.~ NRC is requesting written i

? public comment on the draft policy statement and has arranged for a public meeting to be held

  • . near the West Valley site to receive public comment.

Sincerely, 1

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As stated cc: S' enator Bob Graham

. The Honorable Joe Barton, Chairman

? Subcommittee on Energy and Power Committee on Commerce

' United States House of Representatives

- Washington, DC 20515

Dear Mr. Chairman:

I am forwarding to you,' for your information, the U.S. Nuclear Regulatory Commission's (NRC's) draft policy statement and notice of public meeting (enclosed, in Federal Reaister format) conceming NRC's prescription of decommissioning criteria for the U.S. Department of Energy's (DOE) West Valley Demonstration Project (WVDP) and the Wect Valley site.

- NRC's prescription of decommissioning criteria for the WVDP is authorized by the West Valley -

Demonstration Project Act (Public Law 96-368). The Act authorizes DOE to carry out a high-level liquid nuclear waste management demonstration project at the State of New York's Western New York Service Center in West Valley, New York--the only commercial nuclear fuel

. reprocessing facility ever licensed in this country.

NRC's license for the site is in abeyance for the duration of the project. However, one of the requirements of DOE, under the Act, is to decontaminate and decommission, in accordance

' with requirements prescribed by NRC, certain facilities, equipment, materials, and hardware used in connection with the project.

l NRC's draft policy statement regarding these decontamination and decommissioning requirements provides for applying NRC's License Termination Rule (10 CFR Part 20, Subpart E) as the decommissioning criteria for the WVDP and the West Valley site. Applying NRC's 1

. License _ Termination Rule to the decommissioning of the WVDP and West Valley site is consistent with the decommissioning requirements for all NRC licensees. The draft policy i

. statement has been sent to the Federal Reaister for publication. NRC is requesting written

- public comment on the draft policy statement and has arranged for a public meeting to be held

n. ear the West Valley site to receive public comment.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs l

Enclosure:

As stateo cc: . Rep. Ralph Hall . .

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[The Honorable Frank Murkowski, Chairman Committee on Energy United States Senate Washington, DC 20510 -

Dear Mr. Chairman:

I am forwarding to you, for your Information, the U.S. Nuclear Regulatory Commission's (NRC's) draft policy statement and notice of public meeting (enclosed, in Federal Reaister-format) concerning NRC's prescription of decommissioning criteria for the U.S. Department of Energy's (DOE) West Valley Demonstration Project (WVDP) and the West Valley site.-

~

NRC's prescription of decommissioning criteria for the WVDP is authori7ed by the West Valley Demonstration Project Act (Public Law 96-368). The Act authorizes DOE to carry out a high-level liquid nuclear waste management demonstration project at the State of New York's Western New York Service Center in West Valley, New York-the orJy commercial nuclear fuel reprocessing facility ever licensed in this country, i NRC's license fur the site is in abeyance for the duration of the project. However, one of the j requirements of DOE, under the Act, is to decontaminate and decommission, in a::cordance with requirements prescribed by NRC, certain facilities, equipment, materials, and hardware used in connection with the project.

NRC's draft policy statement regarding these decontamination and decommissioning requirements provides for applying NRC's License Termination Rule (10 CFR Part 20, Subpart E) as the decommissioning criteria for the WVDP and the West Valley site. Applying NRC's License Termination Rule to the decommissioning of the WVDP and West Valley site is consistent with the decommissioning requirements for all NRC licensees. The draft policy statement has been sent to the Federal Reaister for publication. NRC is requesting written

~ public comment on the draft policy statement and has arranged for a public meeting to be held near the West Valley site to receive public comment.

l 1

Sincerely, I I

Dennis K. Rathbun, Director q Office of Congressional Affairs i

Enclosure:

As stated.  !

, cc: Sen.Jeff Bingaman u

4 t

LThe Honorable Pete V. Domenici, Chairman

. Subcommittee on Energy and Water Development j Committee on Appropriations . '

United States Senate Washington, DC 20510 z

Dear Mr. Chairman:

I am forwarding to you, for your information, the U.S. Nuclear Regulatory Commission's (NRC's) draft policy statement and notice of public meeting (enclosed, in Federal Reaister format) concerning NRC's prescription of decommissioning criteria for the U.S. Department of Energy's (DOE) West Valley Demonstrailon Project (WVDP) and the West Valley site.

NRC's prescription of decommissioning criteria for the WVDP is authorized by the West Valley

. Demonstration Project Act (Public Law 96-368). The Act authorizes DOE to carry out a high- i levelliquid nuclear waste management demonstration project at the State of New York's Westem New York Service Center in West Valley, New York--the only commercial nuclear fuel reprocessing facility ever licensed in this country.

l

. ' NRC's license for the site is in abeyance for the duration of the project. However, one of the j requirements of DOE, under the Act, is to decontaminate and dc com' mission, in accordance 1 with requirements prescribed by NRC, certain facilities, equipment, materials, and hardware used _in connection with the project.

' NRC's draft policy statement regarding these decontamination and decommbsioning requirements provides for applying NRC's License Termination Rule (10 CFR Part 20, Subpart ,

. E) as the decommissioning criteria for the WVDP and the West Valley site. Applying NRC's l License Termination Rule to the decommissioning of the WVDP and West Valley site is )

consistent with the decommissioning requirements for all NRC licensees. The draft policy statement has been sent to the Federal Reaister for publication. NRC is requesting written

. public comment on the draft policy statement and has arranged for a public meeting to be held J near the. West Valley site to receive public comment.

l Sincerely, c

. Dennis K. Rathbun, Director

Office of Congressional Affairs 1

Enclosure:

As stated cc: Sen. Harry Reid L ._D_ -

The Honorable Ron Packard, Chairman Subcommittee on Energy and Water Development Committee on Appropriations

- United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

I am forwarding to you, for your information, the U.S. Nuclear Regulatory Commission's (NRC's) draft policy statement and notice of public meeting (enclosed, in Federal Reaister format).concerning NRC's prescription of decommissioning criteria for the U.S. Department of Energy's (DOE) West Valley Demonstration Preject (WVDP) and the West Valley site.

NRC's prescription of decommissioning criteria for the WVDP is authorized by the West Valley Demonstration Project Act (Public Law 96-368). The Act authorizes DOE to carry out a high-levelliquid nuclear waste management demonstration project at the State of New York's Western New York Service Center in West Valley, New York--the only commercial nuclear fuel reprocessing facility ever licensed in this country. -

NRC's license for the site is in abeyance for the duration of the project. However, one of the requirements of DOE, under the Act, is to ~ decontaminate and decommission, in accordance with requirements prescribed by NRC, certain facilities, equipment, materials, and hardware used in connection with the project.

NRC's draft policy statement regarding these decontamination and decommissioning requirements provides for applying NRC's License Termination Rule (10 CFR Part 20, Subpart E) as the decommissioning criteria for the WVDP and the West Valley site. Applying NRC's License Termination Rule to the decommissioning of the WVDP and West Valley site is consistent with the decommissioning requirements for all NRC licensees. The draft policy statement has been sent to the Federal Reaister for publication. NRC is requesting written public comment on the draft policy statement and has arranged for a public meeting to be held near the West Valley site to receive public comment.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As stated cc: Rep. Peter Visclosky

The Honorable Daniel Patrick Moynihan United States Senate .

Washington, DC 20510

Dear Mr. Moynihan:

I am forwarding to you, for your information, the U.S. Nuclear Regulatory Commission's

- (NRC's) draft policy statement and notice of public meeting (enclosed, in Federal Reaister Lformat) concerning NRC's prescription of decommissioning criteria for the U.S. Department of Energy's (DOE) West Valley Demonstration Project (WVDP) and the West Valley site.  !

. NRC's prescription of decommissioning criteria for the WVDP is authorized by the West Valley

. Demonstration Project Act (Public Law 96-368). The Act authorizes DOE to carry out a high-

- level liquid nuclear waste management demonstration prc%ct at the State of New York's Western New York Service Center in West Valley, New %.tk--the only commercial nuclear fuel reprocessing facility ever licensed in this ' country.

NRC's license for the site is in abeyance for the duration of the project. However, one of the requirements of DOE, under the Act, is to decontaminate and decommission, in accordance with requirements prescribed by NRC, certain facilities, equipment, materials, and hardware used in connection with the project.

NRC's draft policy. statement regarding these decontamination and decommissioning

. requirements provides for applying NRC's License Termination Rule (10 CFR Part 20, Subpart E) as the decommissioning' criteria for the WVDP and the West Valley site.- Applying NRC's License Termination Rule to the decommissioning of the WVDP and West Valley site is consistent with the decommissioning requirements for all NRC licensees. The draft policy statement has been sent to the Federal Reaister for publication. NRC is requesting written public comment on the draft policy statement and has arranged for a public meeting to be held

' near the West Valley site to receive public comment.

Sincerely, 1

Dennis K. Rathbun, Director  !

Office of Congressional Affairs

Enclosure:

As stated' >

L. _ . .

h 4

,-9 The Honorable Charles E. Schumer

. United States Senate Washington, DC 20510

Dear Mr. Schumer:

- l am forwarding to you, for your information, the U.S. Nuclear Regulatory Commission's (NRC's) draft policy statement and notice of public meeting (enclosed, in Federal Reaister forrnat) concerning NRC's prescription of decommissioning criteria for the U.S. Department of Energy's (DOE) West Valley Demonstration Project (WVDP) and the West Valley site.

NRC's prescription of decommissioning criteria for the WVDP is authorized by the West Valley

. Demonstration Project Act (Public Law 96-368). The Act authorizes DOE to carry out a high-levelliquid nuclear _ waste management' demonstration project at the State of New York's

~

Western New York Service' Center in West Valley, New York-the only commercial nuclear fuel reprocessing facility ever licensed in this country.

NRC's license for the site is in abeyance for the duration of the project. However, one of the requirements of DOE, under the Act, is to decontaminate and decommission, in accordance with requirements prescribed by NRC, certain facilities, equipment, materials, and harduare used in connection with the project.

NRC's draft policy statement regarding these decontamination and decommissioning j requirements provides for applying NRC's License Termination Rule (10 CFR Part 20, Subpart E) as the decommissioning criteria for the WVDP and the West Valley site. Applying NRC's License Termination Rule to the decommissioning of the WVDP and West Valley site is consistent with the decommissioning requirements for all NRC licensees. The draft policy statement has been sent to the Federal Reaister for publication. NRC is requesting written public comment on the draft policy statement and has arranged for a public meeting to be held near the West Valley site to receive public comment.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs  ;

I

Enclosure:

As stated l

D i l 3

s f

. The. Honorable Amo Houghton

- United States House of Representatives Washington, DC 20515 -

Dear Mr. Houghton:

I am forwarding to you, for your information, the U.S. Nuclear Regulatory Con: mission's

- (NRC's) draft policy statement and notice of public meeting (enclosed, in Federal Reaister format) concerning NRC's prescription of decommissioning criteria for the U.S. Department of

- Energy's (DOE) West Valley Demonstration Project (WVDP) and the West Valley site.

NRC's prescripti6n of decommissioning criteria for the WVDP is authorized by the West Valley Demonstration Project Act (Public Law 96-368). The Act authorizes DOE to carry out a high-level liquid nuclear. waste management demonstration project at the State of New York's

-Western New York Service Center in West Valley, New York--the only commercial nuclear fuel reprocessing facility ever licensed in this country.

NRC's license for the site is in abeyance for the duration of the project. However, one of the requirements of DOE, under the Act, is to decontaminate and decommission, in accordance with requirements prescribed by NRC, certain facilities, equipment, materials, and hardware used in connection with the project.

NRC's draft policy statement regarding these decontamination and decommissioning requirements provides for applying NRC's License Termination Ruie (10 CFR Part 20, Subpart E) as the decommissioning criteria for the WVDP and the West Valley site. Applying NRC's -

License Termination Rule to the decommissioning of the WVDP and West Valley site is consistent with the decommissioning requirements for all NRC licensees. The draft policy statement has been sent to the Federal Reaister for publication. NRC is requesting written public comment on the draft policy statement and has arranged for a public meeting to be held near the West Valley site to recelve public comment.

Sincerely,-

" , ' Dennis'K. Rathbun, Director Office of Congressional Affairs Enclosurei As stated'

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